COLUMBUS SEXUAL ASSAULT LAWYER

Understanding Sexual Assault in Ohio

In Ohio, sexual assault includes a range of unwanted or non-consensual sexual acts. It can involve anything from unwanted touching to forced sexual intercourse. Many people confuse terms like rape and sexual assault, but the key factor in these cases is always consent. If both parties did not agree to the sexual activity, it can lead to a serious felony charge.

Some of the most common sexual assault charges include:

• Rape: Forced sexual intercourse without consent.
• Date Rape: Assault that occurs during a social event or between acquaintances.
• Statutory Rape: Sexual activity with a minor under 16, even if they consent.
• Drug-Facilitated Sexual Assault: Using drugs or alcohol to impair someone’s ability to give consent.
• Sexual Coercion: Pressuring someone into sexual activity through threats or manipulation.
• Molestation: Unwanted sexual touching.
• Marital Rape: Non-consensual sex between spouses.

In Ohio, these cases often rely heavily on the testimony of the alleged victim, which makes it essential to have a strong legal defense that challenges any inconsistencies and fights false accusations.

What is Considered Sexual Assault in Ohio?

Ohio law defines sexual assault as engaging in sexual contact or behavior without the other person’s consent. This can include unwanted touching, groping, or penetration. Consent is at the heart of every case, and it must be freely given without any form of pressure, intimidation, or manipulation. If consent is unclear, Ohio prosecutors may pursue charges of sexual assault, which is often classified as either a first- or second-degree felony.

Common Defenses Against Sexual Assault Charges

1. Consent: Proving that the sexual activity was consensual is one of the strongest defenses.
2. Mistaken Identity: If you were wrongly identified as the perpetrator.
3. Lack of Evidence: If the prosecution doesn’t have enough evidence to prove their case.
4. Alibi: Showing that you were not present at the time the alleged assault took place.
5. False Accusations: Highlighting inconsistencies in the accuser’s story or proving a motive for false claims.
6. Mental State of the Accused: Lack of intent or knowledge due to a mental condition.
7. Duress or Coercion: Proving that you were forced to engage in the activity under threats.

Our team will work to uncover the truth, examine every piece of evidence, and challenge the prosecution’s case at every turn.

Penalties for Sexual Assault in Ohio

Sexual assault is a felony in Ohio, and the penalties are severe. Depending on the circumstances of your case, you could face:

• Second-degree felony: 2 to 8 years in prison.
• First-degree felony: 3 to 11 years in prison.

Additionally, you could be required to register as a sex offender, which would severely limit your ability to find housing, employment, and maintain personal relationships. A conviction could affect you for the rest of your life, making it essential to get the best defense possible.

What is Consent Under Ohio Law?

Consent is the most important factor in any sexual assault case. Under Ohio law, consent is absent when:

• Force or violence is used to gain compliance.
• The person is incapacitated or unconscious and unable to give consent.
• The victim is a minor under the age of 16, making them legally unable to consent.
• The person was intoxicated and unable to make a conscious decision.
• The accused is in a position of authority, such as a teacher, clergy member, or healthcare provider, and uses that position to manipulate the victim into sexual activity.

If the prosecution can prove that consent was not given, a sexual assault charge could lead to severe criminal penalties.